Nuclear new build in the United States 1990–2010: A three state analysis

This research examines nuclear energy policy across three states in the United States (US) – Georgia, Pennsylvania, and Texas – from 1990 to 2010. Therefore, the nuclear energy crisis at Fukushima in Japan March 2011 is beyond the scope of this paper. Nevertheless, the fundamental conclusions of this research remain valid, as the impact of Fukushima is not yet known and in addition the US has experienced its own crisis in Three Mile Island, which has shaped its own nuclear industry to an extent already. Interviews are at the core of the research methodology employed, which is similar to other in-depth studies on nuclear new build. The aim of this paper is to identify and clarify those aspects of the legal, economic, and political requirements of the US that affect prospects for nuclear new build but which, so far, have not been well understood by experts. The research provides these new insights through a unique comparison of US states which have deregulated, regulated and ‘hybrid’ electricity markets. It is evident that law can play a central role in the nuclear energy sector, and the role of state-driven policy in the nuclear energy sector is also demonstrated. Further, the methodology identifies key assumptions within the nuclear sector in the US that are contested, and delivers lessons on how these contested issues may be resolved. The paper adds to the literature in public administration, legal development and nuclear energy policy, and in particular nuclear new build.

► Nuclear new build policy is analysed in three US states from 1990 to 2010.
► US State Laws have the capacity to encourage and incentivise nuclear new build.
► Deregulation as a policy in the electricity sector at state level merits a review.
► Uncertainty in the legal structure of the nuclear industry hinders new investment.
► Policy goals and instruments need to be realigned at the state electricity level.